California Code of Regulations
Title 22 - Social Security
Division 4 - Environmental Health
Chapter 17.5 - Lead and Copper
Article 3 - Monitoring for Lead and Copper
Section 64677.5 - Sample Invalidation

Universal Citation: 22 CA Code of Regs 64677.5

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A lead or copper sample may be invalidated by the Department if at least one of the following conditions is met and documented in writing:

(1) The laboratory establishes that improper sample analysis caused erroneous results;

(2) The Department determines that the sample was taken from a site that did not meet the site selection criteria in section 64676 (Sample Site Selection);

(3) The sample container was damaged in transit;

(4) The Department determines the sample does not meet the requirements in section 64677 (Sample Collection Methods for Taps); or

(5) There is substantial reason to believe that the sample was subject to tampering.

(b) To apply for invalidation of one or more samples, a system shall report the results of all samples for the period to the Department, including written documentation to support the system's belief that one or more samples should be invalidated.

(c) A sample invalidated pursuant to subsection (a) shall not count toward determining lead or copper 90th percentile levels or toward meeting any monitoring requirements in this chapter.

(d) The system shall collect replacement samples for any invalidated samples if, after the invalidation of one or more samples, the system has too few samples to meet the monitoring requirements of this chapter. Replacement samples taken after the end of the applicable period shall not be used to meet the monitoring requirements of a subsequent period. Replacement samples shall be collected as follows:

(1) As soon as possible, but no later than 20 days after the system receives notification from the Department that it has invalidated the sample, or by the end of the applicable period, whichever occurs later; and

(2) At the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period.

1. New section filed 9-11-2003; operative 10-11-2003 (Register 2003, No. 37).

Note: Authority cited: Sections 100275, 116350, 116365, 116375 and 116385, Health and Safety Code. Reference: Sections 116325- 116750, Health and Safety Code.

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